Posted on 03/10/2005 12:22:56 PM PST by amdgmary
TAMPA, Fla. (AP) -- A judge ruled Thursday that the state's social services agency cannot delay the removal of the feeding tube keeping brain-damaged Terri Schiavo alive.
The Department of Children & Families had asked for a 60-day delay in the removal of the feeding tube, now scheduled March 18. The agency said it wanted time to investigate allegations of abuse and neglect by the woman's husband, Michael Schiavo.
But Circuit Judge George W. Greer ruled that the agency's attempt to get involved at this point was inappropriate and "appears to be brought for the purpose of circumventing the court's final judgment ... in violation of the separation of powers doctrine."
Michael Schiavo's attorney had criticized the last-minute attempt by DCF to get involved, saying that it was engineered by Gov. Jeb Bush and others in the state government who support the plight of her parents who are trying to keep her alive.
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Michael Schiavo has gotten a court order to remove the feeding tube, contending that his wife told him she wouldn't want to be kept alive artificially. A 1990 heart attack cut off oxygen to her brain for five minutes, leaving her in what the court has ruled is a vegetative state with no consciousness. She breathes on her own but depends on a tube in her abdomen for food and water.
But her parents doubt she had those end-of-life wishes and are trying to block removal of the feeding tube.
The judge's ruling was another major blow to Bob and Mary Schindler, who have fought their son-in-law in court for nearly seven years over their daughter's fate. They dispute that she is in a persistent vegetative state, saying she laughs, cries, interacts with them and tries to speak when they visit her at her hospice.
The DCF said it wanted to investigate accusations against Miachel Schiavo - who is her legal guaridan - that included denying his wife some medical treatment and therapy, isolating her in her room with the blinds closed, failing to fix her broken wheelchair and failing to file timely guardianship plans.
In his order, Greer noted that those and many other allegations have been investigated in the past and failed to yield any evidence of abuse and neglect by Michael Schiavo.
Other than trying to appeal judge's decisions that have gone against them this week, the Schindlers will look again to the state Legislature and perhaps the U.S. Congress for help. Both bodies have bills in the works that lawmakers say could save Terri Schiavo's life.
In Tallahassee Wednesday, a House committee approved a bill requiring doctors to provide nutrition and hydration to incapacitated patients who didn't leave an advance directive. It still needs approval from two more committees before facing the full House.
Bush, who has said he would do anything within his power to save Terri Schiavo, supports the bill.
The governor in October 2003 pushed a law through the Legislature authorizing him to resume the woman's artificial feedings six days after the court stopped them. The law subsequently was ruled unconstitutional by the state Supreme Court.
On Tuesday, U.S. Rep. Dave Weldon and U.S. Sen. Mel Martinez, both Florida Republicans, introduced legislation in Washington that could give the Schindlers access to federal courts in the effort to save their daughter's life. Their bill requires that incapacitated people who don't leave advance directives have attorneys appointed to give the case a full review before artificial life support is terminated.
I doubt he was attempting to use his thoughts as a "legal basis for argument." Where did he say that was even his intent?
Let's nail you down. Do you think Terri Shiavo should die by starvation because the courts said so despite no written word of hers exists anywhere on the face of the Earth?
That point I disagree with in the case of Schiavo stating that Terri would want the tube removed. When Schiavo made the claim, he was living with his fiancee already and had a real conflict of interest. The law calls for clear and convincing evidence and that wasn't it.
The new law does not affect those whose wishes are in writing.
Give it up Heisenberg, In THIS country, we don't kill people because we don't approve of their "quality of life". - HEY, I don't approve of YOUR quality of life - So am I allowed to kill you???
Or maybe this... you name sounds jewish, so would it be right to put you in a time machine and send you back to 1942 Berlin? </SARCASM>
I don't understand your question. If it was in response to my post, it's even less clear.
Additionally, what motivates a person has every bearing on every court case. With some, it is greed, with others, it is hate, with others, it is their spiritual influence. Just because 8mm believes that Felos is being spiritual influenced by demonic forces doesn't mean his thoughts belong on a religion thread, just because a discussion of spiritual influences as possible motivation makes you feel uncomfortable.
No, according to a Florida International University law professor who had an article in the Miami Herald last week, Greer has to find by substantial evidence that Terri would want to die - - - but the evidence on which he based his decision isn't substantial, it's flimsy, as the prof noted. It consists of a casual remark made during a TV movie years ago -- and didn't even concern the question of nutrition tube, as opposed to more artificial life support. The law prof said it was "shocking" that the judge would base his decision for death on such scanty evidence - - - especially since there was anecdotal evidence on the other side. When there isn't a preponderance one way or the other, Florida law says you don't withdraw feeding. So the Judge is NOT "just doing his job." He's either incompetent, or twisting the law with a pro-death agenda.
Then perhaps you need to re-read the posts. It's quite clear what I was responding to (I quoted your response to 8mm's thoughts) and explained why I didn't agree with your statement (the one I quoted).
Then Chuck talked about the evil of holding grudges. Perhaps our prayers are not being answered because we have not confessed our own sin. I know that I must confess my own hatred.
We all know the verse: "Love you enemies. Bless those who curse you and pray for those who mistreat you." I know it is a lot easier to forgive someone for hurting me than for hurting someone I love.
There is another verse: Romans 12:20 tells us that by praying for our enemies, we are heaping burning coals on their heads. Someone explained to me that this was referring to them (the enemy) being purified.
Pray for Judge Greer, who claims to be a Christian. Nothing can hurt him more than his own conscience.
Well now that's an interesting statement considering Michael disagreed before he got the money.
I also believe the judge has followed the law as written.
Has he? Where is his clear and convincing evidence that this is what Terri would want? A supposed off hand statement?
It's on one of the three threads that are going about this matter today.
This is for Dog Gone. I'm your choir. :)
Oy! I've only been on this one and the daily thread. There's more? :)
I don't know. As far as I know from the legal record, three witnesses testified that she wouldn't have wanted to have life artificially prolonged. I don't know if there were any rebuttal witnesses or not.
Written evidence is usually better, but oral evidence is good evidence if it passes through the "hearsay" exclusions, which this testimony did.
I honestly don't know whether Terri should die or not. I didn't hear or judge the case. I think she's in worse condition than some here think. Some claim Michael is trying to kill her because otherwise she'll testify against him someday. That is so ignorant or passionate to invite ridicule. She is profoundly brain damaged at the very least.
I'd like to participate in these threads as some sort of a legal advisor without having to be pounded by everybody with an agenda who disagrees with the legal analysis.
Probably too much to ask, I know.
I hope you realize, I was not referring to you!!! Thanx for the support.
Request for Actions Post
http://www.freerepublic.com/focus/f-news/1352657/posts?page=4622#4622
Some guy who is on Hannity and Colmes right now just offered to pay Michael $1,000,000 to transfer custody of Terri to her parents. For all those who say that Michael is doing this for the money, this is truth time.
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